Sexual Harassment May Not Be What You Think It Is
Sexual harassment encompasses a wide range of behaviors and situations. If you have been the unwanted recipient of these behaviors and situations, you may be able to file a sexual harassment lawsuit.
Speaking with a Los Angeles sexual harassment lawyer to understand what qualifies as sexual harassment and clarify what to do if you have been sexually harassed can help you obtain justice for the illegal acts you have experienced.
Defining sexual harassment
The definition of sexual harassment
The U.S. Equal Employment Opportunity Commission has stated the following:
“It is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.”
The state of California’s definition of sexual harassment is:
“Sexual harassment is a form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation. Individuals of any gender can be the target of sexual harassment. Unlawful sexual harassment does not have to be motivated by sexual desire. Sexual harassment may involve harassment of a person of the same gender as the harasser, regardless of either person’s sexual orientation or gender identity.”
The two types of sexual harassment in California
In the state of California, there are two types of sexual harassment:
- Quid pro quo
- Hostile work environment
The definitions for these two types of sexual harassment are as follows:
- Quid pro quo sexual harassment is when someone conditions a job, promotion, bonus, or any other work benefit on your submission to sexual advances or some other form of sexual conduct.
- Hostile work environment sexual harassment is when severe or pervasive conduct based on sex and/or unwelcome comments unreasonably interferes with your work environment by creating an intimidating, hostile, and/or offensive work environment. A single act may be sufficiently severe to be unlawful.
In the state of California, many behaviors are considered sexual harassment. Some of these behaviors are as follows:
- Displaying sexually suggestive posters, cartoons, objects, and pictures
- Asking for sexual favors in exchange for employment benefits
- Leering and other sexual gestures
- Making unwanted sexual advances
- Physical touching and/or assault
- Impeding/blocking your movement
- Suggestive/obscene messages and/or invitations
- Sexually degrading words and graphic comments
Outside of what has been clarified above, harassment can also occur online or through digital platforms. This virtual sexual harassment encompasses the above, but occurs through digital means—Zoom and email, to name examples.
Examples of harassment
Here are five examples of sexual harassment:
- Your manager offers to promote you to a higher position with better pay. But, after making this offer, your manager says that he will only promote you if you agree to kiss him.
- Coworkers frequently make obscene comments about your body. These comments are upsetting and make it hard for you to focus. You report these comments to your bosses, but they refuse to do anything about it.
- You work with someone through Zoom and Slack. This individual frequently sends you pornographic memes and makes graphic jokes about sexual acts he wants to perform on you.
- A coworker tries to kiss you and, when you refuse, impedes your movement by grabbing you. This happens more than once, and no matter what you do, nothing is done to stop them from harassing you.
- Your boss says that he will give you a better health insurance package, but only if you agree to a sexual relationship with him.
What to do if you are harassed
If you are being sexually harassed in the state of California, you should think about doing the following:
- Document the harassment you are experiencing. This can include retaining any sexual harassment messages you received, making a log of when/where you experienced a specific act of sexual harassment, and taking a screenshot, among other things.
- Go over your employee handbook, as well as the rules that your employer has developed. Use these rules to figure out the best way to report the harassment you are experiencing.
- See if your employer makes any effort to rectify the situation. If they fail to do so, you can file a complaint with the state of California’s Civil Rights Department. You generally have three years from the date of the last act of sexual harassment to file a complaint.
- Report the sexual harassment you are experiencing to the appropriate superior. Use your employer’s reporting system, contact HR, and talk to your bosses, along with anything else that is relevant.
- Hold onto any records of the sexual harassment report you made. Keep these records in a safe place and preserve them in the event that they are needed in court.
- In the event that you are either experiencing very serious sexual harassment and/or your employer has failed to do anything about the sexual harassment you reported, consider working with an experienced sexual harassment attorney.
Digital evidence can be very useful. If possible, you should take screenshots of inappropriate messages and hold onto any relevant chat logs, among other forms of digital evidence.
Your legal options
To obtain justice for the sexual harassment you experienced, you can do the following:
- File a complaint with the state of California’s Civil Rights Department.
- File a claim with the United States’ Equal Employment Opportunity Commission.
- Work with an experienced sexual harassment attorney.
The statute of limitations for a complaint filed with the state of California’s Civil Rights Department is three years after the harassment occurred.
Just as an example, if your boss harasses you on October 12th of 2026, you have until October 12th of 2029 to file a complaint with the state of California’s Civil Rights Department.
On the other hand, if you need to file a claim with the United States’ Equal Employment Opportunity Commission, you generally have 180 days to do so, but the deadline can be extended to 300 days if the charge is also covered by state or local anti-discrimination law, which applies in the state of California.
Our sexual harassment attorneys at Taylor & Ring are prepared to help you obtain justice for the sexual harassment you experienced. You can contact one of our sexual harassment attorneys using this contact form. We are ready to help you file a sexual harassment claim.
David Ring is a nationally renowned plaintiff’s personal injury trial attorney and has obtained multi-million dollar verdicts and settlements on behalf of seriously-injured individuals or families who have lost a loved one in a tragic accident. For more than 20 years, he has represented victims of sexual abuse, sexual harassment, assault, molestation and sexual misconduct in cases against a variety of employers and entities, including schools, churches and youth organizations.
He prides himself on providing aggressive, yet compassionate representation for children who have been sexually abused and women who have been sexually harassed or assaulted. Read more about David M. Ring.